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-   -   L1 visa with perdiem salary (https://www.askmehelpdesk.com/showthread.php?t=557080)

  • Feb 23, 2011, 03:50 AM
    raghats
    L1 visa with perdiem salary
    I Came to USA on L1 visa on Oct 2009 alone.
    Went back to India on March 2010 returned back on June 2010 and since then been in USA.

    I have been paid perdiem $50 and my Indian salary (Indian Income tax is paid duly till date).
    My wife and my only kid is expected to come within march last week.
    The US company has given me W9 form and declared me as a sought of freelancer and my earning for 2010 to be close to 15000 $.
    Please help me to know how much amount will go for the tax (please let me know the exact amount for $15000)and how to go about it.
    I am new and all advice are welcome.---Rag
  • Feb 23, 2011, 04:47 AM
    MukatA

    Did you file 2009 tax return? How was your 2009 income reported? (did you get W-2 or 1099-misc).
  • Feb 23, 2011, 05:11 AM
    raghats
    I did not file the 2009 tax returns. I did not get W2 or 1099-misc from the company. Also I cross checked and found that if we have not leaved more than 6 months and the income for the year is less than 4000$ I need not pay the tax and hence I have not paid any tax returns for the year 2009
  • Feb 23, 2011, 08:23 AM
    MukatA

    If the employer treats you as a freelancer, they will issue you 1099-misc. You must take care of paying the taxes. You will also pay SE tax at 15.3%.

    If you job is expected to last for over a year, employer can not pay you per diem. It will be treated as compensation.

    I really doubt that employer can keep you as an independent contractor as you have L1.
  • Feb 23, 2011, 06:45 PM
    raghats
    Hello Mukat,

    Thanks for your sharing your expertise.

    I have received a W9 and I believe before they gave this they initiated the opening of TIN number.

    Now they have given me the W9 form which shows the earnings at 14950$.

    Precisely what are the taxes I need to pay and how much would I end up to.

    I will be really grateful for your support and this will be my last question I believe.

    Regards
    Raghu
  • Feb 23, 2011, 07:29 PM
    MukatA

    1099-misc (nonemployee compensation) income:
    You are self employed or independent contractor. You must file your tax return if yourself employed income is $400 or more. You will report your income and business related expenses on schedule C or C-EZ (Form 1040). Then you put net income (or loss) on line 12 of Form 1040. This income is subject to SE tax at 15.3% (this is shown on line 57 of Form 1040). For this you will use schedule SE (Form 1040).
    Your U.S. Tax Return: Tax Filing by Self Employed Sole Proprietor or Independent Contractor

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